Until December 2009 sole traders, partnerships and some not for profit organisations in SA, WA, Tas, NSW and QLD were covered by the workplace relations laws operating in their States.
Then the Federal Government passed the Fair Work Amendment Act 2009 (also known as the referral act) and agreements were struck between governments at a State, Territory and Federal level.
This brought almost everybody into the Federal system, except Western Australia, which has not yet decided to join Fair Work. Some public service jobs in other states are also exceptions.
If you fall under the National System, your wages and conditions are set out according to a Modern Award and/or an Enterprise Agreement, and any employment contracts under the protection of the National Employment Standards (NES).
State award employees who were brought into the Fair Work Act system by the Referral Act stay on the State Award until 1 January 2011, after which the modern award that covers your industry or occupation will apply.
Employees still on state awards and agreements must receive at least the minimum entitlements under the NES if in doubt consult with an employment law lawyer.
